Global Shipping Program

Buyer Terms & Conditions

Effective Date: September 12, 2014

The Global Shipping Program (United States) and the Global Shipping Programme (United Kingdom) (collectively referred to herein as “GSP”) make certain items (“GSP Item(s)”) located in the United States and United Kingdom available to buyers around the world.

GSP enables Buyers to obtain parcel processing, international shipping, and customs clearance services (the “Services”) at checkout from a third party service provider. These Global Shipping Program Buyer Terms and Conditions (“Terms”) apply to GSP Items that you purchase through GSP.

Applicability of eBay User Agreement. The eBay.ie User Agreement, eBay’s User Privacy Notice and all policies posted on our sites (collectively, and as the same may be amended from time to time, “eBay’s Policies”) apply in addition to these Terms. In the event of a conflict or inconsistency between these Terms and eBay’s Policies, these Terms will control as to all matters that they explicitly address. For all matters not explicitly addressed by these Terms, eBay’s Policies will control.

Description of the Services and Program Fees. The Services are provided by a third party global technology and shipping provider, Pitney Bowes Inc., for GSP Items purchased from the United States, and Pitney Bowes Limited, for GSP Items purchased from the United Kingdom (each with its affiliates, “Pitney Bowes”). By purchasing a GSP Item, you will be entering into a binding contract with the Seller for the purchase of the GSP Item, as well as an agreement with Pitney Bowes for the provision of the Services, including parcel processing, international shipping and tracking, and customs clearance. You acknowledge and agree that Pitney Bowes may use third party logistics providers, shipping carriers, customs brokers, freight forwarders, and/or other subcontractors under contract with Pitney Bowes to assist it in performing the Services. More information about the Services may be found here.

Roles of the Parties.

Global Shipping Program (United States). Any transaction for a GSP Item that is located in the United States (“US”) will be treated as a routed export transaction per the requirements of the US Export Administration Regulations (15 Code of Federal Regulations Part 730 et seq.) and the Foreign Trade Regulations (15 Code of Federal Regulations Part 30). In a routed export transaction, you as the buyer assume responsibility for the customs clearance and transportation of the GSP Item to be exported from the United States as well as importation of the GSP Item in compliance with all applicable laws and regulations of the country into which the GSP Item is being imported.

Your Role as Foreign Principal Party in Interest. You (or the recipient of the GSP Item that you purchase, if someone other than you) are the Foreign Principal Party in Interest in connection with the exportation and importation of the GSP Item. You will authorize Pitney Bowes or, at its discretion, one of its service providers as an agent to facilitate the export and customs clearance of the GSP Item. If applicable, this will include requesting any necessary export control licenses required under the US Export Control Regulations (15 Code of Federal regulations Part 730 et. seq.). Under a routed export transaction, you are responsible for ensuring that your purchase, exportation, and importation of the GSP Item comply with all applicable laws and regulations. Your purchase and consent to these Terms during checkout constitutes formal notification to your Seller that you are assuming responsibility for the export shipment of the GSP Item pursuant to a routed export transaction. Without limiting the foregoing, you agree: (i) to comply with all applicable US export laws and regulations, including, but not limited to, the requirements of the Export Administration Act of 1979, as amended, and the Export Administration Regulations promulgated thereunder (ii) that all products and technologies that you purchase and direct your Seller to send to Pitney Bowes shall only be exported, re-exported or otherwise transferred, directly or indirectly, in accordance with these laws and regulations; (iii) that you will not export, re-export, or otherwise transfer, directly or indirectly, or request Pitney Bowes to export, re-export, or otherwise transfer, any products and technologies to any destination or to any person if this would be prohibited, in whole or in part, by any US law or regulation or would otherwise be prohibited by any US government entity or agency; and (iv) to notify immediately eBay and Pitney Bowes in writing if you or one of your affiliates are or become listed in any Denied Persons List or if your export privileges or the export privileges of any of your affiliates are otherwise denied, suspended or revoked, in whole or in part, by any US government entity or agency. Additionally, as the importer of the GSP Item, you are responsible for ensuring that your purchase, importation, possession, or use of the GSP Item, or that of your consignee, complies with all laws and regulations of the country into which the GSP Item is being imported.

Power of Attorney. You grant to Pitney Bowes (and, to the extent necessary, its third party service providers) a “Power of Attorney” authorizing Pitney Bowes and/or its service providers to act as your agent(s). Pursuant to 15 CFR § 30.3 (b)(3), in a routed export transaction the authorized agent can be the "exporter" for export control purposes as defined in 15 CFR 772.1 of the US Department of Commerce Export Administration Regulations (“EAR”). In its role as agent, Pitney Bowes will be authorized to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant export, customs and revenue authorities on your behalf. In addition, you authorize the customs brokers and/or freight forwarders selected by Pitney Bowes to make, endorse, sign, declare and/or swear to any customs, entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the exportation, importation and/or transportation of the GSP Item that is shipped or consigned to you or your designee for shipment out of the United States and into any other country. However, you will bear the liability for any violation of US export laws and regulations or import laws in the destination jurisdiction, with the exception of violations caused by incorrect information provided by your Seller.

Your Seller’s Role as US Principal Party in Interest. Your Seller is responsible for shipping the GSP Item to a facility located within the United States (the “US Shipping Center”), where Pitney Bowes will process the GSP Item for international shipment. Your Seller is the US Principal Party in Interest. The routed export transaction will effectively shift export liability from your Seller to you and your forwarding agent, as described in these Terms. The routed export transaction is subject to EAR and all parties to the transaction must comply with EAR to the extent each participates in the export of your item. Your Seller is liable for the accuracy of information that your Seller provides about the GSP Item. Your Seller has agreed to provide accurate and complete information about GSP Items and to respond timely to any requests for information from eBay and/or Pitney Bowes. Such information is required for compliance with US export and customs clearance requirements.

Pitney Bowes’ Role as Your Forwarding Agent. By purchasing the GSP Item and consenting to these Terms, you authorize Pitney Bowes to act as your agent for the shipment and delivery of the GSP Item. As your appointed forwarding agent, Pitney Bowes will: (A) make export classifications and complete export filings, including but not limited to, preparing and transmitting any Electronic Export Information or other documents or records required to be filed by the US Census Bureau, US Customs and Border Protection, Bureau of Industry and Security, and/or any other US government agency, (B) arrange for the importation of the GSP Item, including, but not limited to, assigning Harmonized System classification codes to each GSP Item and filing a completed customs entry and related documents with the customs authorities of the country into which the GSP Item is being imported, (C) account for and pay the assessed import duties and other taxes due upon importation of the GSP Item, each on your behalf, (D) manage any dispute with such authorities regarding customs classifications, applicable duties and/or taxes, and (E) perform any other act that may be required by law or regulation in connection with the exportation, importation and/or transportation of any GSP Item purchased by you for shipment out of the United States and into any other country. The making of export classifications and assigning Harmonized System classification codes requires expertise. You will defer to the expertise of Pitney Bowes in performing this task and will not question the export classifications made by Pitney Bowes on your behalf or the Harmonized System classification codes so assigned by Pitney Bowes.

Global Shipping Programme (United Kingdom). For any transaction involving a GSP Item that is located in the United Kingdom (“UK”), the Services described above will be provided by either Pitney Bowes itself, its affiliates, or third party logistics providers, shipping carriers, customs brokers, freight forwarders, and/or other subcontractors under contract with Pitney Bowes, but the transaction will not be treated as a routed export transaction and Pitney Bowes will not serve as your forwarding agent as it would for a GSP Item located in the US. Therefore, your Seller is responsible for the exportation of the GSP Item in compliance with all applicable laws or regulations of the United Kingdom. You as the buyer are responsible for transportation and importation of the GSP Item in compliance with all applicable laws and regulations of the country into which the GSP Item is being imported.

Your Role as Consignee. You hereby agree that Pitney Bowes will designate you (or the recipient of the GSP Item that you may designate) as the “Consignee” of the GSP Item or, at its discretion, will designate one of its service providers as the “Consignee” to facilitate the customs clearance of GSP Items. This is likely to apply mainly to GSP Items that are shipped from the UK to a location outside the European Union. Pitney Bowes is authorized to state your country of residence or that of your "Consignee" as the country to which the GSP item is being exported. You are responsible to: (A) ensure that your purchase and importation of the GSP Item complies with all laws and regulations of the country into which the GSP Item is being imported, (B) file a completed customs entry and related documents with the customs authorities of the country into which the GSP Item is being imported, and (C) pay the assessed import duties and other taxes due upon importation of the GSP Item. You hereby grant to Pitney Bowes (and its third party service providers) authorization to act as your agent(s) (with permission to further delegate their authority) and to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on your behalf, including, but not limited to, (a) making any declaration and/or completing any filing on your behalf in connection with the export of the GSP Item from the UK and/or the import of the GSP Item into the country into which the GSP Item is being imported (b) arranging for the exportation and/or importation of the GSP Item, assigning Harmonized System classification codes, other commodity codes to each commodity, paying and accounting for duties and taxes on your behalf, and managing any dispute with such authorities including without limitation regarding customs classifications, applicable duties and/or taxes. In addition, you agree that Pitney Bowes may authorize the customs brokers and/or freight forwarders selected by Pitney Bowes to make, endorse, sign, declare and/or swear to any customs, entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the exportation and/or importation and/or transportation of the GSP Item that is shipped or consigned to you or your designee for shipment out of the United Kingdom and into any other country. You acknowledge and agree that assigning Harmonized System classification codes requires expertise and that you will defer to the expertise of Pitney Bowes and its third party service providers in performing this task and will not question the Harmonized System classification codes so assigned by Pitney Bowes and its third party service providers.

Your Seller’s Role as Exporter. Your Seller is responsible for shipping the GSP Item to a facility located within the United Kingdom (the “UK Shipping Center”). Pitney Bowes will designate your Seller as the “Exporter” of the GSP Item that you purchase or, at its discretion, will designate itself or one of its service providers as the “Exporter” in lieu of your Seller to facilitate the customs clearance of the GSP Item upon its receipt at the UK Shipping Center. This is likely to apply mainly to GSP Items that are shipped from the UK to a location outside the European Union. To the extent applicable, your Seller has authorized Pitney Bowes (and, to the extent necessary, its third party service providers) to act as your Seller’s agent(s) to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on behalf of your Seller, including, but not limited to, making export declarations classifications and managing any dispute with such authorities including regarding customs classifications, applicable duties, and/or taxes, and performing any other act that may be required by law or regulation in connection with the exportation and/or transportation of GSP Items out of the United Kingdom and into any other country.

The authorities, authorizations and approvals granted by you in this Section 3 shall also apply if eBay and/or Pitney Bowes exercise their right under Section 11 to return the GSP Item to your Seller; provided that Pitney Bowes may designate you or the Seller as the importer of the goods. Pitney Bowes shall not be under any obligation to claim a refund of any excise duty paid on your behalf or on behalf of the Seller.

Declarations. All custom declarations are made by Pitney Bowes for your benefit and as your direct agent or, for items located in the UK, for the benefit of the Seller as the direct agent of the Seller, and you will be the "declarant" for the purposes of any customs declaration on import. As declarant you will be the legally declared importer and responsible for the accuracy of the information provided.

Relationship between eBay and Pitney Bowes. eBay Inc. and eBay (UK) Limited (“eBay”) and Pitney Bowes are independent contractors and have entered into an agreement with one another in order to make the Services available to you. eBay is not providing any of the Services and is not responsible for the Services provided by Pitney Bowes. Pitney Bowes is neither owned by, nor affiliated with, eBay.

No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and eBay (or between you and Pitney Bowes, except to the limited extent and as described in Section 3(a)(iv) and 3(b)(i)) is intended or created by these Terms. You do not intend eBay or Pitney Bowes (or any of their affiliates, subcontractors, or other service providers) to act, nor shall they act, as an agent for the receipt of any domestic or international mail on your behalf.

Data Privacy. eBay's collection of personal information in connection with the Program is governed by the privacy policythat applies to your use of the eBay.ie website or, as applicable, another eBay international site. However, in order for Pitney Bowes to provide you with the Services that you are requesting under the Program, Pitney Bowes requires certain personal information in addition to your order information, including, but not limited to: your name, user ID, address, email address, telephone number and, in certain countries, national identification information (for example, internal passport information in Russia) and/or tax identification information (for example, the Taxpayer's Registry for Individuals in Brazil). You are responsible for the accuracy of this information and acknowledge that you are authorized to provide this information for the purpose of delivering your GSP Item to you or your designee. By agreeing to these Terms, you direct eBay to provide this personal and order information to Pitney Bowes on your behalf so that Pitney Bowes may provide you with the Services that you are requesting under the Program. You acknowledge that Pitney Bowes may disclose this information, however collected, to its affiliates, service providers, and other third parties (such as customs and revenue authorities) as necessary to perform the Services that you have requested (for example, providing your name and address information to customs brokers and shipping carriers so that they may clear customs on your behalf and deliver your order to you). Pitney Bowes, its affiliates, and/or its service providers may contact you directly in order to collect or confirm certain personal and/or order information. Your personal and order information will be collected, used, and disclosed by Pitney Bowes only for the purpose of providing the Services in accordance with Pitney Bowes's privacy policy, which may be found here if you are buying an item located in the US, and may be found here if you are buying an item located in the UK, with the exception that Pitney Bowes shall not provide, rent, sell or otherwise share the foregoing information for marketing purposes. eBay does not control the privacy policies of Pitney Bowes, its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable. If you reside in Brazil and you have previously provided tax identification information (such as your Taxpayer’s Registry for Individuals) to PayPal, you authorize the PayPal entity that provides the PayPal services to you to provide this information to eBay at eBay’s request.

Optional Services. The Services being offered to you by Pitney Bowes are entirely optional. However, to purchase a GSP Item, you must agree to these Terms. If you do not agree with these Terms, then you should not proceed with the purchase of a GSP Item and may instead purchase an item that is being offered to you outside of GSP.

Eligibility.

Item Eligibility. Not all listings on eBay.ie are eligible for GSP. eBay reserves the right at any time, in its sole discretion, with or without notice to you, to alter or amend the eligibility requirements for GSP Items, including, but not limited to, limits on the number, type, category, and/or value of items and/or transactions. You agree not to purchase any ineligible items through GSP. More information about ineligible items may be found here. You agree that if any item is found to be ineligible, Pitney Bowes will have no liability and will have, in its discretion and in any manner that it prefers, the right to dispose of or liquidate the ineligible item, including without limitation (A) returning the item to the Seller, (B) handing over the item to the authorities, or (C) destroying the item. Pitney Bowes is authorized to open and inspect any GSP Item without notice.

Country Eligibility. GSP is not available for shipments to all countries. eBay reserves the right to expand or limit the countries eligible for GSP at any time, in its sole discretion, with or without notice. The countries currently eligible for GSP may be found here.

Non-Commercial Use. Any GSP Item that you purchase must be for the personal use or consumption of the designated recipient and not for commercial resale purposes. In addition, if you reside in a member state of the European Union (other than the United Kingdom) and are importing the GSP Item from the United States, your purchase of the GSP Item must be for non-business purposes. In the European Union, import VAT incurred on the purchase of goods for non-business purposes cannot be reclaimed or recovered by the Buyer.

Payment and Program Fees.

Accepted Payment Method. You must pay for GSP Items and applicable Program Fees using PayPal. Only item listings that offer PayPal as a payment method are eligible for GSP. Your use of the PayPal services is subject to the PayPal User Agreement and Privacy Policy between you and the PayPal entity that provides the PayPal services to you, including all applicable PayPal fees described in the PayPal User Agreement.

Program Fees. The pricing that is displayed to you at checkout is inclusive of all shipping and import charges associated with the Services (“Program Fees”). More information about Program Fees may be found here.

Payment Split. PayPal will split your payment for the GSP Item and Program Fees between your Seller and Pitney Bowes in the following manner as reflected within your Order Details page and in your PayPal account overview:

Payment to your Seller: PayPal will transmit to your Seller’s PayPal account that portion of your payment consisting of the GSP Item price and the amount (if any) charged by your Seller to ship the GSP Item to the US or UK Shipping Center as applicable.

Payment Reversals. If eBay, Pitney Bowes, or Pitney Bowes's service providers determine, after you have purchased a GSP Item, that the GSP Item is ineligible for GSP or cannot be shipped to you (for whatever reason), eBay and its affiliates shall have the right to cancel your purchase in lieu of proceeding with the processing and/or shipment of the GSP Item and, upon exercising this right, may reverse the PayPal payment that you made to your Seller and to Pitney Bowes for the GSP Item and will process the GSP Item as an undeliverable item.

Exclusions. You alone are responsible for any customs duties, taxes, surcharges, fines, penalties, or other charges which may be imposed on you by customs or tax officials after a GSP Item has successfully cleared customs and been delivered to (or made available for pickup at) the delivery address specified by you or the collection center near you that is designated by Pitney Bowes.

Risk of Loss. The risk of loss or damage to a GSP Item shall remain with your Seller until the GSP Item is accepted at the US or UK Shipping Center or has been returned to your Seller by Pitney Bowes from the US or UK Shipping Center. Subject to any statutory rights you may have, the risk of loss or damage to a GSP Item shall transfer to you when the GSP Item leaves the US or UK Shipping Center for export.

Transfer of Title. Title to a GSP Item remains with your Seller until such time as the GSP Item is successfully delivered to you or your consignee, at which time title to the GSP Item shall transfer to you or your consignee. At no time do eBay (or its affiliates), Pitney Bowes (or its affiliates), or the third party logistics providers, shipping carriers, customs brokers, freight forwarders, or other subcontractors under contract with Pitney Bowes take title to a GSP Item.

Unpaid Items and Payment Failure. Your purchase of a GSP Item is subject to eBay’s unpaid item policy. eBay reserves the right to collect, using any collection methods at its disposal, any unpaid amounts that eBay pays to your Seller and/or Pitney Bowes because of your non-payment or failed payment.

Lost, Damaged, or Undeliverable Items; Valid Delivery Address Required. If a GSP Item that you purchase is not delivered to the delivery address specified by you or to the collection center near you that is designated by the shipping carrier, it is damaged, or it does not match your Seller's description, your purchase may be covered by the PayPal Purchase Protection program. More information about PayPal Purchase Protection may be found here. The delivery address that you specify must be within an eligible country and must be a valid and complete delivery address. The delivery address that you specify may not be a Post Office (P.O. Box), Army Post Office, or Fleet Post Office. eBay and Pitney Bowes shall have no liability and shall have, in their discretion and in any manner that they prefer, the right to dispose of or liquidate GSP Items that eBay or Pitney Bowes conclude are undeliverable, for whatever reason. If eBay or Pitney Bowes conclude that a GSP Item is undeliverable and elect to dispose of or liquidate a GSP Item, title to the GSP Item shall transfer automatically from your Seller to eBay and/or any third party designated by either eBay or Pitney Bowes (as eBay and Pitney Bowes may elect), at no cost and for no consideration to either eBay or Pitney Bowes and/or to any third party designated by eBay or Pitney Bowes, and eBay and Pitney Bowes and/or any third party designated by eBay or Pitney Bowes shall retain all proceeds (if any) received from the disposal or liquidation of the GSP Item. eBay or Pitney Bowes may also elect to return to your Seller any GSP Items that eBay or Pitney Bowes conclude are undeliverable. eBay shall not be responsible under PayPal Purchase Protection policies if eBay concludes that a GSP Item is not deliverable to your designated delivery address or to the collection center near you that is designated by the shipping carrier, for any reason, including because the delivery address that you provide is incorrect, incomplete, or inaccessible. In addition, certain third party shipping carriers may require that the designated recipient of a GSP Item be present to receive delivery; where in-person delivery is required, you shall be solely responsible for ensuring that the designated recipient is available to receive delivery.

International Returns. The returns policy specified by your Seller in his/her listing description of a GSP Item will apply to your purchase of the GSP Item. For GSP Items located in the United States that you purchase under GSP and that you return to your Seller, you will not be eligible for, and you will not receive, a refund of any Program Fees that you paid to Pitney Bowes and Pitney Bowes will not be responsible for shipping the GSP Item back to your Seller. Your rights under local law will not be affected.

Disclaimers. THE SERVICES ARE PROVIDED BY PITNEY BOWES, AN INDEPENDENT CONTRACTOR, AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, EBAY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING IN ANY WAY TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE, ACCURACY, OR QUALITY OF THE SERVICES. IN ADDITION, EBAY AND PITNEY BOWES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING IN ANY WAY TO GSP AND/OR ANY GSP ITEM THAT YOU PURCHASE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, USEFULNESS, PERFORMANCE, ACCURACY, OR QUALITY OF GSP AND/OR ANY GSP ITEM THAT YOU PURCHASE. NEITHER EBAY NOR PITNEY BOWES SHALL BE RESPONSIBLE FOR ANY DISRUPTIONS OR DELAYS IN THE USE OF GSP AND/OR SERVICES OR ANY LOSS OR INJURY ASSOCIATED WITH ANY SUCH DISRUPTION OR DELAY. NEITHER EBAY NOR PITNEY BOWES SHALL BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY PROGRAM FEES QUOTED BY PITNEY BOWES. EBAY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE MISUSE OF PERSONAL INFORMATION THAT EBAY HAS DISCLOSED TO PITNEY BOWES SO THAT PITNEY BOWES MAY PROVIDE YOU WITH THE SERVICES THAT YOU ARE REQUESTING UNDER GSP.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY AND ITS SUBSIDIARIES, AFFILIATES, JOINT VENTURES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, AND PITNEY BOWES AND ITS SUBSIDIARIES, AFFILIATES, JOINT VENTURES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLIED OR ANY OTHER FORM OF DAMAGES, LOSS, OR INJURY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF, MISUSE OF, OR RELIANCE ON GSP, THE SERVICES, PURCHASED GSP ITEMS, THE PROGRAM FEES QUOTED BY PITNEY BOWES, YOUR INABILITY TO USE GSP AND/OR THE SERVICES, THE AVAILABILITY OF GSP AND/OR THE SERVICES, AND/OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GSP AND/OR THE SERVICES, INCLUDING DAMAGES INCURRED BY THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. REGARDLESS OF THE PREVIOUS SENTENCE, IF EBAY, PITNEY BOWES, OR ANY SUBSIDIARY, AFFILIATE, JOINT VENTURE, OFFICER, DIRECTOR, SHAREHOLDER, EMPLOYEE, OR AGENT OF EBAY OR PITNEY BOWES IS FOUND TO BE LIABLE, THE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE PAYPAL PURCHASE PROTECTION POLICY UP TO THE FULL PRICE OF THE ELIGIBLE ITEM (INCLUDING SHIPPING AND IMPORT CHARGES THAT YOU PAID DURING CHECKOUT) OR (B) $100 USD. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE EBAY OR PITNEY BOWES'S LIABILITY (RESPECTIVELY) FOR ITS OWN FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS OWN NEGLIGENCE, OR THAT OF ITS EMPLOYEES OR AGENTS, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification. You agree to indemnify, defend, release, and hold harmless eBay, Pitney Bowes and the subsidiaries, affiliates, joint ventures, officers, directors, shareholders, employees, and agents of each of eBay and Pitney Bowes from and against all losses, liabilities, damages, claims, penalties, fines or other costs, including reasonable attorneys’ fees, made by any third party relating, due to, or arising directly or indirectly out of your use of GSP, the Services, the exportation or importation of any GSP Item, or any violation of these Terms, eBay’s Policies, any law or regulation, or the rights of any third party.

Miscellaneous. Except as otherwise provided herein, these Terms sets forth the entire agreement between you and eBay and between you and Pitney Bowes with respect to its subject matter. eBay’s failure or Pitney Bowes’s failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. In the event that a portion of these Terms is held invalid, illegal, or unenforceable, the remainder of the provisions will continue in full force and effect.

Program Updates and Discontinuation. eBay has the right, but not the obligation, to alter, amend, replace, suspend temporarily, and/or discontinue permanently, GSP, the name of GSP, any of the Services, features, and/or functionality offered under GSP, and/or the service providers used to provide any or all of the Services under GSP, at any time, in its sole discretion, with or without notice to you.

Available Remedies. Without limiting other remedies, included those described elsewhere within eBay’s policies, eBay may at any time, in its sole discretion, with or without notice to you, limit, prohibit, refuse, cancel, block, suspend and/or terminate your sale of GSP Items if you violate any of these Terms, eBay’s policies, or any applicable laws.

Term. These Terms, as may be amended from time to time, will remain in effect for a period of sixty (60) days following the delivery of the GSP Item to the delivery address designated by you.

Effect of Termination. The following sections of these Terms will survive any termination: “Roles of the Parties,” “Data Privacy,” “Payment and Program Fees,” “Lost, Damaged, or Undeliverable Items; Valid Delivery Address Required,” “International Returns,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Miscellaneous,” and “Term.”

Amendment. eBay may amend these Terms, including applicable fees, at any time by posting the amended terms on the eBay site. Except as stated elsewhere, all amended terms shall take effect immediately and automatically when posted on the eBay site.